RUGBY LEAGUE identity John Elias must return to court over a charge relating to the NRL betting scandal after the NSW Supreme Court overturned the dismissal of his case.
The Director of Public Prosecutions has won its appeal against magistrate Peter Miszalski's decision to dismiss the charge against Elias in November 2011.
Elias had pleaded not guilty to attempting to gain a financial advantage of $98,000 from Tabcorp by deception on August 19, 2010.
The charge related to bets, amounting to $5500, which he placed that day on a Townsville match to be played on August 21 between the North Queensland Cowboys and Canterbury Bulldogs.
The match was at the centre of an unusual betting plunge on the first score being a Cowboys penalty goal.
Former NRL player Ryan Tandy, who played for the Bulldogs that day, was fined $4000 after he was found guilty of trying to manipulate the first scoring point of the match to dishonestly obtain a financial advantage. Charges against rugby league player manager Sam Ayoub and real estate agent Greg Tait were dismissed.
Dismissing the charge against Elias, 49, Mr Miszalski said the prosecution would have been more successful if Elias had faced a conspiracy charge. The DPP appealed this decision in the Supreme Court, saying the magistrate failed to address or resolve several critical facts in the case.
Last week Justice Elizabeth Fullerton allowed the appeal and set aside Mr Miszalski's decision. She remitted the matter to be dealt with by another magistrate. It has been set down for mention in Downing Centre Local Court on Monday.